The sole issue on appeal is whether the bankruptcy court’s finding that the creditor presented sufficient evidence to establish it had a colorable claim to enforce a promissory note was clearly erroneous.
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This case poses the question, “how ordinary is ordinary?” The ordinary course of business defense, set out in 11 U.S.C. § 547(c)(2)(A), protects the creditor of a debtor who has filed bankruptcy from an action by a trustee to recover, as a preference, payments made by the debtor prior to bankruptcy as long as the creditor can meet two requirements.
Memorandum Opinion and Order Overruling in Part and Sustaining in Part the Trustee’s Objection to Plan Confirmation
Nunc Pro Tunc Memorandum Opinion and Order Granting Creditor Vanderbilt Mortgage’s Motion for Stay Relief and Denying Trustee’s Motion to Extend Stay
MEMORANDUM OPINION AND ORDER GRANTING THE TRUSTEE’S UNCONTESTED CLAIM TO AVOID AND RECOVER A PREFERENTIAL TRANSFER, BUT DENYING HIS CONTESTED CLAIMS TO AVOID ALLEGED FRAUDULENT TRANSFERS
Memorandum Opinion and Order Denying Creditor Central National Bank’s Motion to Vacate
Order Denying Motions to Vacate of Debtor Mary Moses and Intervenor Ruth Moses
MEMORANDUM OPINION AND ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT’S MOTION TO DISMISS
MEMORANDUM OPINION AND JUDGMENT ALLOWING DEBTOR’S FOURTH, FIFTH, SIXTH, AND SEVENTH APPLICATIONS FOR ALLOWANCE OF ATTORNEY FEES AND EXPENSES, AND GRANTING DEBTOR’S APPLICATION FOR FINAL ALLOWANCE OF FEES AND EXPENSES AS ADMINISTRATIVE EXPENSES
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT